Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-26
iNFoR NATION
....FoR...
OWNERS AND LOCATORS
....or....
Il M Es.
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been nled with the
Register and Receiver they become n psrt ~
the record, and can feithsr be withdrawn nor
ersl Land Once. N"A
An application will be rejected when the
sufficient.
Application for patent will be rejected be.
cause:
First The notice was published without IN.
knowledge of the Register,
~Second-The notice was not published in a
newspaper designsted ~ published nesrestth
claim.
Third-Record title was found defective.
and
Fourth--A previous application had bean
made Tor the same premises. which was with.
drawn pending . suit In Court commenced nv
| the adverse claimant.
An application for patent will be reieoted
when the survey does not accurately define he
boundaries Of the claim.
Where the claim was not located In acoo,d
ance with law.
Where several parties wi separate and dis.
tinct portions OF q claim, application for
patent may be made by either for that portion
Of the claim owned by him; but where soyersl
parties own undivided interests In . minina
claim all should join in an application for =
patent.
A person or association may purchase a.
many placer locations as the local Law adm,ts
and embrace them all In one application for
patent.
Two or more lodes cannot be embraced IN
one application for & patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing to oct as Q deputy for the Register and Rs.
ceiver cannot be recorded ~ evidence.
In all patents for mining ciaima situ.tad
within the interior boundaries Of 4 town sj,a
. clause 10 inserted excepting and excluding
sll town property. rights upon the surface.
and all houses, buildings. structures, lots
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and all rights necessary or proper 10 ths
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made a only
one newspaper for the period Of so days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In dsily
newspapers GO days must elspse between The
fret and last insertions.
where the Register designstes the q aily issus
Of . newspaper fer publication Of notices Of
mining application for patent IL 10 not 9 COM
pliance with law 10 change 10 the weekly edi-
lion of the same paper without authority Of
the Register.
The existence Of Q salt spring on Q tract Of
land wfthdrsws 1t from the operation Of the
homestead and prescription laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits OF slate may DO
entered under the mining Acts.
ADvKRsz CLAIMS.
Adverse claimants must ale 8 separate and
distinct claim against each application which
1t Is alleged conficts with the premises owned
by such adverse claimant.
The papers in an adverse claim. once hled.
cannos be Withdrawn, but becom es b part Of the
record.
When an adverse claim has been fled II can
not be amended SO as to embrace Q larger per.
ton OF the premise than that described in the
Original adverse claim.
An adverse claim must be made out In
proper form and filed in the proper local OH &c
during the period Of publication OF the sppli-
cation for the patent TO be effective.
1t 10 the duty OF the adverse claimant o
suit In proper form within the re-.
CURED time, and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
tho failure to commence suit be the result Of
the cor tupt or dish onest action of his attorney.
the Interior Department cannot redress the
wrong.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions Of law, without stating the
facts specially, Will not be considered In evil
dence.
An adverse claimant should show 8 compii-
ance with the local laws In recording his claim
and in regard to expenditures. aud shall die Q
copy Of the original notice Of his location, and
show the nature or extent of the conflict
alleged.
An allegation Of parties TO q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little. II any value, for agri.
cultural purposes. but 10 essential to the
proper development OF mining claims. IL
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been inclsded In az agriculture
entry. said entry will be cancelled as any time
prior to issuance Of patent. upon satisfactory
posts.
Where valuable deposits of mineral are dis
covered upon a tract sitter the same aas been
entered as agricultural, but before I Skent hal
been issued. the parties claiming the mine
may make application for patent for same
and the agricultural entry will be cancelled t.
that portion Of the land embraced by said
mining claim.
where mineral deposits are discovered OF
agricultural lands after the patent has beer
issued to an agricultural claimant, they pssl
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
foreigner may make q mining location
dispose OF it. provided he becomes q citizen
OtAOE0 uiBRObAh VI A. hhA10s kIOVt ku8t ~
party was not . citizen before disposIng Of hts
claim must be afirInatively shown.
Locators and intermediate owners, other
than applicants, will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of q mining claim sold to On
alien cannot be patented while such owner Ii
an alien; but on his declaration, o become 4
q citizen his right dates back to his purchase.
oud he may thereupon secure United States
! patent for his claim.
CROSS LEDGEs,
Revised Statutes. Section 1886:
Where two or more lodges cross or i~ntersec,
each other. priority OF title shall govern, and
such prior location shall be entitled 10 all ore
or mineral cont.ined within the space Of inter
section, but the subsequent location shall have
the right Of way through the space Of inter
section for the purpose of the convenient
working OF the mine. And where two or r1or.
veins unite the oldest or prior location shsi
take the vein below the point Of union, In
GLIDING ell the space of intersection.
TUNNELS.
There is no authority OF law for 9 tunne
l location \ 000 hv I Kn0 faat nropar lncatiOf